Sumner v. Finegan
Massachusetts Supreme Judicial Court
The original action.was trespass on the case, against the said Finegan, for suffering the spouts of a house, owned by him in Boston, in the county of Suffolk, to be so leaky and out of repair, from April, 1810, to June, 1816, that the rain-water, from one declivity of the roof, during that space of * time, fell upon an adjoining curtilage possessed by the said Sumner.
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The original action.was trespass on the case, against the said Finegan, for suffering the spouts of a house, owned by him in Boston, in the county of Suffolk, to be so leaky and out of repair, from April, 1810, to June, 1816, that the rain-water, from one declivity of the roof, during that space of * time, fell upon an adjoining curtilage possessed by the said Sumner. The action was originally commenced before a justice of the peace for this county, within which the defendant lived. The defendant pleaded before the justice that he, the said justice, ought not to take cognizance of the action,…
1Opinion of the Court
Pabker, C. 3.,
delivered the opinion of the Court. By the
authorities cited by the counsel for the defendant in error, he seems to have maintained the position that, at common law, an action upon the case, for a nuisance done to real estate, is local; the general principle being that, where the subject-matter of the action is local, the action is so likewise. Thus, trespass for injury done to the real * estate, and perhaps actions on covenants which run with the land, are local, as laid down by Chitty in the place cited.
But the plaintiff in error contends that, however this may be at common…
2Cited by9 opinions
- Oliver v. LoyeMississippi Supreme Court · 1881
- Eachus v. Trustees of Illinois & Michigan CanalIllinois Supreme Court · 1856
- Graves v. McKeonNew York Supreme Court · 1846
- Brown v. IrwinSupreme Court of Kansas · 1891
- Morton v. ChaseSupreme Judicial Court of Maine · 1838
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